NES Regulatory Frameworks & Compliance 3 — Questions and Answers
Question 1: When a parent disagrees with a school's evaluation of their child under IDEA, what is the parent's right?
- To request an Independent Educational Evaluation (IEE) at public expense (Correct answer)
- To immediately file a complaint with the U.S. Department of Education
- To remove the child from school pending resolution
- To demand the IEP team be replaced
Correct answer: To request an Independent Educational Evaluation (IEE) at public expense
Parents have the right to request an IEE at public expense when they disagree with the school's evaluation, subject to certain conditions.
Question 2: Under FERPA, 'directory information' such as a student's name and grade level may be released without consent ONLY if:
- The school has given parents annual notice and the opportunity to opt out (Correct answer)
- A law enforcement agency formally requests the information
- The student is 18 or older
- A school board resolution authorizes the disclosure
Correct answer: The school has given parents annual notice and the opportunity to opt out
Schools may release directory information without prior consent only after notifying parents annually and allowing them to opt out.
Question 3: Which of the following scenarios constitutes a violation of IDEA's 'least restrictive environment' requirement?
- Placing a student with mild learning disabilities in a general education class with support services
- Automatically placing all students with emotional disturbances in self-contained classrooms without individual consideration (Correct answer)
- Providing a paraeducator to support a student with autism in a general education setting
- Considering a continuum of placement options during the IEP process
Correct answer: Automatically placing all students with emotional disturbances in self-contained classrooms without individual consideration
LRE requires individualized placement decisions; automatic categorical placement without individual consideration violates this mandate.
Question 4: A school district receives a complaint alleging violation of Section 504. Which federal agency investigates these complaints?
- Office of Special Education Programs (OSEP)
- Office for Civil Rights (OCR) (Correct answer)
- National Center for Education Statistics (NCES)
- Department of Justice Civil Rights Division
Correct answer: Office for Civil Rights (OCR)
The Office for Civil Rights (OCR) within the U.S. Department of Education investigates Section 504 and Title II ADA complaints.
Question 5: Under ESSA, schools identified for 'comprehensive support and improvement' are those that:
- Have failed to meet state standards for two consecutive years
- Are in the lowest-performing five percent of schools or have consistently underperforming subgroups (Correct answer)
- Have a graduation rate below 50 percent for any single year
- Serve predominantly low-income students regardless of performance
Correct answer: Are in the lowest-performing five percent of schools or have consistently underperforming subgroups
ESSA targets the lowest five percent of schools and those with consistently underperforming subgroups for comprehensive support.
Question 6: Which of the following actions by a school most clearly violates the Establishment Clause of the First Amendment?
- Allowing students to form a voluntary Bible study club that meets after school
- A teacher leading the class in a prayer at the start of each school day (Correct answer)
- Permitting students to wear religious symbols
- Including a comparative religion unit in a social studies curriculum
Correct answer: A teacher leading the class in a prayer at the start of each school day
Teacher-led prayer in a public school classroom constitutes government-sponsored religious activity, violating the Establishment Clause.
Question 7: A student's Individualized Education Program (IEP) must be reviewed at minimum:
- Every six months
- Annually (Correct answer)
- Every two years
- Only when the student's needs change significantly
Correct answer: Annually
IDEA requires that each student's IEP be reviewed at least once per year to assess progress and update goals.
NES Regulatory Frameworks & Compliance 3
When a parent disagrees with a school's evaluation of their child under IDEA, what is the parent's right?